The players who decide to Madden 24 coins opt out the settlement can then file individually with the League.  They could be more inclined to do this as a result of the recent changes in the O'Bannon. NCAA case, too and now that former college athletes are suing over the use of their image to play video games.

 

In July in July, The Ninth Circuit threw out an appeal brought by the maker of video games EA Sports. The Ninth Circuit ruled against the argument of EA that player image was protected under the First Amendment and it will allow the case to continue.

 

The Dryer plaintiffs are watching the lawsuit closely. They're also keeping an eye on another suit in which thousands of former Madden NFL 24 player over the issue of concussions.

 

"I believe there is an element of coincidence in the environment at this point," Dryer said of the two cases. "The Madden NFL 24 is looking very capriciously and cavalierly at the concussion issues.

 

"There's an assumption [from"the" Madden NFL 24of "we're interested, and we're going to get it.' There's a certain arrogance."

 

Dryer hopes that something will work out, so that he and his fellow retired players can agree to a contract with Madden NFL 24 that would allow them to directly be paid for the use of their image while leaving them with the rights to it.

"I have a lot of transactions based on my appearance as an actor and producer," Dryer said. "My likeness is my job. It's my brand. Every person has a brand and everyone has the right to take their brand in the direction they wish to go in.

"I don't have the right to cheap mut coins take someone else's likeness and use this to advance my own interests without having to contact and pay that person. Therefore, why is it okay for the league to confiscate our rights and not pay us any money?"